High CourtsSingle Bench(2021) 08 UK CK 0047

Chaman Lal vs Subodh Kumar & Others

Uttarakhand High Court · Decided on 4 August 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 3 Of 2019

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Judgment

17 paragraphs · 328 words

Manoj Kumar Tiwari, J

1.

Petitioner is a tenant, who has lost from both the Courts below. In this writ petition, petitioner has challenged the judgment & decree passed by

learned Small Causes Court in SCC Suit No. 24 of 1994 and also the judgment rendered by learned District Judge, Haridwar in SCC Revision No. 6 of

2014.

2.

This Court, vide order dated 04.01.2019, passed an interim order in favour of the petitioner, whereby effect & operation of the impugned judgment

& orders passed by learned Courts below was stayed, subject to condition that petitioner pays enhanced rent of Rs. 1,000/- to the respondent w.e.f.

January, 2019.

3.

Today, Mr. Nikhil Singhal, learned counsel appearing for the petitioner submits that parties have entered into a compromise and the compromise

deed has been filed before the Executing Court in Execution Case No. 01 of 2018. He further submits that, however, on account of pendency of this

writ petition and the interim order passed therein, the Executing Court is not proceeding in the matter. He, therefore, submits that the writ petition be

disposed of in terms of compromise deed entered into between the parties. The compromise deed has been brought on record as Annexure No. 1 to

the affidavit filed in support of Misc. Application (I.A. No. 11270 of 2021).

4.

Learned counsel appearing for respondent no. 1 also submits that dispute has now been amicably settled between the parties in terms of

compromise. She also submits that this writ petition be disposed of in terms of the compromise deed, which is on record as Annexure No. 1 to the

affidavit filed in support of Misc. Application (I.A. No. 11270 of 2021).

5.

Having regard to the facts & circumstances of the case, the writ petition is disposed of in terms of the compromise deed [Annexure No. 1 to the

affidavit filed in support of Misc. Application (I.A. No. 11270 of 2021)], which shall form part of the record.